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01-15-2013 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 15, 2013 The regular meeting of the Code Enforcement Board was called to order on Tuesday, January 15, 2013 at 7:00 p.m. Members attending were Chairman Dave Holt, along with Board members Alfred Mannella, Larry Seidler, Bill Rini, Chandra Myers, and Thomas Gorgone. Also attending were Suzanne O'Shea, Code Enforcement Officer, Allen LaClair, Water Conservation Coordinator/Code Enforcement Officer, Dan Mantzans, City Attorney, Valerie Fuchs, Code Enforcement Board Attorney and Rae Chidlow, Administrative Assistant. The Pledge of Allegiance was recited. City Manager Darren Gray introduced himself to the Board. The minutes from the Code Enforcement Board meeting of November 28, 2012 were approved. Code Enforcement Chairman Dave Holt read the Opening Remarks. Code Enforcement Officers Suzanne O'Shea and Allen LaClair, along with any of the public who may testify, were sworn in. Chairman Dave Holt gave the floor to Code Enforcement Staff and City Attorney. City Attorney Dan Mantzaris stated that Case No. 13-918 has come into compliance and will not be heard. CASE NO. 12-847 William M. &Renee L. Banzhaf 990 Montrose Street Clermont, Fl 34711 LOCATION OF VIOLATION: 990 Montrose Street, Clermont, FL 34711 REQUEST: Forgiveness of Fine City Attorney Dan Mantzaris introduced the case. The Respondent was present. ' William Banzhaf, 116 Blueberry Lane, Copperhill, Tennessee, explained the causes for the violations due to the tenant. He stated that he had requested 120 days when this case was brought before the Board, but he was only given 30 days which was not enough time to correct the violations. He stated that he was requesting full forgiveness of the fine. City Attorney Dan Mantzans stated that the City requests that the fine not be waived in its entirety. He stated that the City is willing to reduce the fine to $500 to be paid within 30 days. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 15, 2013 Tom Gorgone made a motion to reduce the fine from $27,500 to $500 if paid by February 14, 2013; seconded by Alfred Mannella. The vote was 5-1 in favor of the reduction of fine, with Larry Seidler opposing. CASE NO. 11-787 Verena Rinehart 258 2nd Street Clermont, Fl 34711 LOCATION OF VIOLATION: 258 2nd Street, Clermont, FL 34711 REQUEST: Extension of Time for Compliance City Attorney Dan Mantzaris introduced the case. The Respondent was present. Verena Rinehart, 258 7t" Street, stated that she has been fighting with her insurance and lawyers for two years. She stated that she finally has her check and a signed contract to start the repairs to the house. Alfred Mannella made a motion to extend the compliance date to May 1, 2013; seconded by Tom Gorgone. The vote was unanimous in favor of extending the compliance date. CASE NO. 12-848 Krysta M. Gehringer 1790 Presidio Drive Clermont, Fl 34711 LOCATION OF VIOLATION: 1790 Presidio Drive, Clermont, FL 34711 REQUEST: Review case from Continuation City Attorney Dan Mantzaris introduced the case. The Respondent was present. City Attorney Dan Mantzans suggested to the Respondent that they contact the City prior to any further pruning. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with no fine accessed at this time and no further pruning of the trees; seconded by Chandra Myers. The vote was unanimous in favor of accessing no fine. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 15, 2013 CASE NO. 12-878 Woody&Wallace Land Development Hancock Towne Centre Clermont, Fl 34711 LOCATION OF VIOLATION: Hancock Towne Centre, Clermont, FL 34711 REQUEST: Forgiveness of Fine City Attorney Dan Mantzaris introduced the case. The Respondent was present. Bernard Woody, 11740 Osprey Pointe Blvd., stated that he had the landscaper to take care of the violations. He stated that the bank did not renew their note on the property so it is currently in foreclosure. He stated that the foreclosure was delayed due to him filing for bankruptcy. He stated that he has signed the paperwork required to allow the continuation of the foreclosure. He stated that the property has since been sold at auction and he is only here out of courtesy. Alfred Mannella made a motion for forgiveness of fine; seconded by Chandra Myers. The vote was unanimous in favor offorgiving the fine. CASE NO. 13-909 James Duquette 1313, 1313B & 1315 East Ave. Clermont, Fl 34711 LOCATION OF VIOLATION: 1313, 1313B & 1315 East Ave., Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-144, 122-33, & 122-343 (e), Violation of R-2 zoning, Expiration of 4 building permits, and improper installation of a fence. City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Allen LaClair, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to: (1) the expansion of a duplex into a triplex, (2) expiration of 4 building permits, and (3) a majority of the fence is facing outward. Compliance of this violation will be when (1) the third living unit is permanently removed, or a Conditional Use Permit to change the zoning is approved and all Florida Building and Fire Codes met for a multi-family building, (2) the finished side of the fence must face outward, and (3) all expired permits must be discharged, renewed or completed. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 15, 2013 James Duquette, 11234 Windsong Ct., Minrieola, stated that the third unit already existed when he purchased the property from Fannie Mae. He stated that all work was done to code. He stated that he called three different times to have the permits inspected. He stated that there were no smoke detectors in the building when he bought the property, however he has hard-wired the property and has smoke detectors throughout. He stated that he has a lot of frustration with the city because he has put a lot of money into the property. He stated that he did not know the third unit was hooked to an irrigation meter. He stated that the property has always had three units. Chairman Dave Holt asked if it was his intent to continue using the property as three units. Mr. Duquette stated that yes he does intend to use it as three units and that is why he purchased the property. Chairman Dave Holt stated that the third unit is a violation to the city code. He stated that Mr. Duquette would have to apply for a zoning change along with a lot of building improvements that would have to be made. He stated that the property can't operate as a triplex until this process has been completed. Mr. Duquette stated that he has put substantial amount of funds into this property. He stated that he wants'to get the permits finalized so that he can continue to operate as-a triplex. He stated that he will apply tomorrow for the zoning change. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a fine of$250 per day from January 25, 2013 and to declare this property a serious threatto the public health, safety and welfare. The motion failed due to that lack of a second. Chandra Myers made a motion to find the Respondent in violation of the cited City code with a fine of$250 per day and to declare this property a serious threat to the public health,-safety and i Welfare. The fine will begin February 14, 2013 until complied, seconded by Tom Gorgone. The vote was 5-1 in favor of finding the Respondent in violation with the fine and date with Alfred Mannella opposing CASE NO. 13-914 Prithriraj &Hema Persaud 686 Winding Lake Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 686 Winding Lake Dr., Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35, Maintenance and Pruning City Attorney Dan Mantzaris introduced the case. The Respondent was present. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 15, 2013 Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the improper/severe pruning of two required canopy trees in the front yard of the residence. This type of pruning is not in accordance with the "Standard Practice for Trees, Shrubs, and other Woody Plant Maintenance ANSI 300" of the National Arborist Association. Compliance of the violation will be when the following is completed: A tree removal permit application must be approved, prior to tree removal. Plant two trees that meet the following criteria: Preferred canopy tree from the approved list, a minimum of 12 feet in height after planting, a minimum of 3 inch caliper, and FL grade 1 or better. Hema Persaud, 682 Winding Lake Dr., stated that it was not their intention to kill the trees. She stated that she is petrified of hurricanes and that is why they pruned them as they did. She stated that she would like to allow time to show that the trees are growing back. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a fine of$50 per day from April 16, 2013 until complied; seconded by Chandra Myers. The vote was 5-1 in favor of finding the Respondent in violation with the fine and date with Alfred Mannella opposing. CASE NO. 13-916 Chinnor Corporation 201-307 Bloxam Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 201-307 Bloxam Ave., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302.2), Failure to Maintain Erosion City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following conditions: The properties located from 201 to 323 Bloxam Ave., have considerable areas of erosion and run-off of soils. This in turn has had direct and negative effects on the roadways and the nearby retentions area, causing a significant amount of sediment to wash into the street and drains, and settle into the city's retention pond. (Section 302.2 Grading & Drainage). Areas that must be addressed include, but are not limited to: Roof drainage from townhomes, Undermining of the slabs, walkways, and steps in front of the homes, Erosion of the slope , Areas of sparse grass growth , Sediment build up in the right-of-way, Sidewalk damage. Compliance of this violation will be 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 15, 2013 when the premises have met the following conditions: Obtain a licensed civil engineer to assess and make recommendations to repair all areas of erosion on the property. Prior to the start of any work on the property, a scope of work must be submitted to Tamara Richardson, City of Clermont Director of Engineering, for approval. Woodrow Graham, 11215 Oswalt Rd., stated that he is representing the company. He stated that he has been maintaining the property to the best of his ability. He stated that the owner's are in England and Jamaica. He stated that if he needs anything done that requires an exceptional amount of money he has to contact the property owners for their approval. He stated that he has been trying to contact P&G Motor for three months and hasn't heard anything from them. He stated that he has not had time to get with an engineer to come up with a plan. City Attorney Dan Mantzaris stated that the City is willing to extend the compliance date to July 16, 2013. Alfred Mannella made a motion to find the Respondent in violation of the cited City code, Respondent must provide the Board a plan to correct the violation at the March 19, 2013 meeting, with a fine of$250 per day from July 16, 2013 until complied; seconded by Tom Gorgone. The vote was unanimous in favor offending the Respondent in violation with the fine and date. CASE NO. 13-917 P&G Motor Repairs Limited 309-323 Bloxam Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 309-323 Bloxam Ave., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302.2), Failure to Maintain Erosion City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following conditions: The properties located from 201 to 323 Bloxam Ave., have considerable areas of erosion and run-off of soils. This in turn has had direct and negative effects on the roadways and the nearby retentions area, causing a significant amount of sediment to wash into the street and drains, and settle into the city's retention pond. (Section 302.2 Grading & Drainage). Areas that must be addressed include, but are not limited to: Roof drainage from townhomes, Undermining of the slabs, walkways, and steps in front of the homes, Erosion of the slope, Areas of sparse grass growth, 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 15, 2013 Sediment builds up in the right-of-way, Sidewalk damage. Compliance of this violation will be ' when the premises have met the following conditions: Obtain a licensed civil engineer to assess and make recommendations to repair all areas of erosion on the property. Prior to the start of any work on the property, a scope of work must be submitted to Tamara Richardson, City of Clermont Director of Engineering, for approval. Alfred Mannella made a motion to find the Respondent in violation of the cited City code, Respondent must provide the Board a plan to correct the violation at the March 19, 2013 meeting, with a fine of $250 per day from July 16, 2013 until complied; seconded by Tom Gorgone. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 13-910 Edmond &Monica Ilvert 13631 Laranja St. Clermont, Fl 34711 LOCATION OF VIOLATION: 13631 Laranja St., Clermont, FL 34711 VIOLATION: Chapter 66, Section 66-221 & 66-220; Failure to Remit Irrigation Fine, Violation of Irrigation Schedule City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Allen LaClair, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the violation of the mandatory watering restrictions put in place by ordinance and the St. Johns Water Management District. In addition, a fine of$50 for the violation has not yet been remitted. Compliance of this violation will be when the fine is paid, automatic irrigation occurs only on permitted days and no future violations occur within 1 year. Tom Gorgone made a motion to find the Respondent in violation of the cited City code and a fine of$50 00 payable within 30 days or a lien placed on the property; seconded by Chandra Myers. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. 7 - CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 15, 2013 CASE NO. 13-911 Samantha Matheus 3619 Briar Run Dr. Clermont, Fl 34711 LOCATION OF VIOLATION: 3619 Briar Run Dr., Clermont, FL 34711 VIOLATION: Chapter 66, Section 66-221 & 66-220; Failure to Remit Irrigation Fine, Violation of Irrigation Schedule City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Allen LaClair, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the violation of the mandatory watering restrictions put in place by ordinance and the St. Johns Water Management District. In addition, a fine of $50 for the violation has not yet been remitted. Compliance of this violation will be when the fine is paid; automatic irrigation occurs only on permitted days and no future violations occur within 1 year. Alfred Mannella made a motion to find the Respondent in violation of the cited City code and a fine of$50.00 payable within 30 days or a lien placed on the property; seconded by William Rini. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. The Board members were all in agreement to change the meeting times for the Code Enforcement meetings from 7:00 pm to 6:00 pm. There being no further business, the meeting was adjourned at 9:23 p.m. 0/IA*0424-- Dave Holt, Chairman Attest: Rae Chidlow, Code Enforcement Clerk 8